Agenda

Return

C. 74

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	March 29, 2022

Contra

Costa

County

Subject:

Payment for Supplies Provided by Linde Gas & Equipment Inc.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/29/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Ronny Leffel, 925-550-2299

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 29, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE, the Auditor-Controller, to pay an amount up to $65,206 to Linde Gas & Equipment Inc. for medical gases and supplies provided to Contra Costa Regional Medical Center (CCRMC) and Health Centers during the period October 12, 2021 through February 28, 2022.

FISCAL IMPACT:

Approval of this action will result in a one-time expenditure of up to $65,206 and will be covered by the American Rescue Plan Act (ARPA) funding.

BACKGROUND:

CCRMC and Health Centers require liquid oxygen, compressed medical air, nitrogen, nitrous oxide, carbon dioxide, nitrogen liquid and cylinder gases for several departments to function and meet patient needs. Due to the onset of the pandemic, the need for extra rooms and the use of medical gases for patients on High Flow Oxygen has increased. It is unknown how long the surge of increased usage will continue. CCRMC has been using this vendor since 2007. On October 12, 2021, Praxair Inc. changed their name to Linde Gas & Equipment Inc. and the existing purchase order for Praxair Inc. could no longer be used to issue payment for these supplies.

Due to the aforementioned change the vendor was not paid by CCRMC for supplies provided in good faith. Therefore, CCRMC has determined that Linde Gas & Equipment Inc. is entitled to payment for the value of the supplies provided under the equitable relief theory of quantum meruit. The theory provides that where a vendor has been asked to provide products or services without a valid purchase order, and the vendor does so to the benefit of the recipient, the vendor is entitled to recover the reasonable value of those products or services.

CONSEQUENCE OF NEGATIVE ACTION:

If this board order is not approved, CCRMC and Health Centers will be unable to pay for essential supplies provided by the vendor in good faith.